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Trustee wants my paltry assets.. advice please !

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    #16
    Thank you all for your replies!

    It was heartening to hear all of your thoughts, advice and commisseration !

    I wish there was someone here who has been through this. Does anyone know if the "search" function is broken? I tried to hit it to search by keywords for my topic but nothing happens.

    I read back through about 15 - 20 pages of posts trying to find one that's pertinent but had no luck.

    I tell ya, sometimes I start to get a COMPLEX, cuz eveything is just so durn hard and complicated in my life !! I'll say one thing, I intend to puchase EVERYTHING with strictly cash for the rest of my life. If I don't have cash I'll just have to wait and save my pennies.

    I think credit card companies that can raise your interest to over 30% for one late payment should be prosecuted in some way. If it weren't for them raising my interest and minimum payments out of my reach I'd probably still be paying them every month and trying to pay off that debt year after year after year. IMO they brought the whole situation on themselves and it would serve them right if all of the defaults and bankruptcies THEY initiated bit them in the ass and caused them to fold !

    / rant over ~ sorry to get off track ! LOL

    Comment


      #17
      Are you from NY?

      Hi Bubbly:

      Sorry to hear that you have a pain in the neck for a trustee. Did you file in NY? If so what part? I plan to file soon and I will do so in lower Manhattan in NYC. I would hate to find out that I end up with the same trustee as you. What's the trustee's name?

      Thanks
      so-byond-broke

      Originally posted by bubbly
      Filed under old law. Discharge was 1/31 - letter from trustee came 2/15.

      We itemized anything of any value, per our lawyers instructions. He said to put "garage sale" values on them, and we tried to be as accurate at possible.

      Not sure what the household goods exemption is in NY, but I think that can only include BASIC necessities, such as beds, a couch, kitchen appliances, etc.

      Our case was always listed as "no asset" on Pacer also even though trustee said he wanted our tax refund. So I don't understand how they can now want to dick around with our meager possesions :-(
      Hooters MC: $1700
      First Premier Platinum MC: $450
      Orchard Bank MC: $300 Juniper Visa :$600
      Target Card: $200 Capital One:$1500

      Comment


        #18
        Hi So Broke !

        I'm in upstate NY so you will not have any chance of getting the same trustee, never fear!

        Good luck with your filing. Make sure your attorney is a good one. We made a bad judgement call on ours.

        He was all sweetness and light until the 341 meeting after which he collected our final payment to him and turned nasty. Began speaking very impatiently and condescendingly to me and for the next several months as we waited and agonized he dragged his feet and I had to BABYSIT his every move (or NON-move, as the case may be!!) - call the auto loan companes myself to get the reaffirm paperwork sent to the lawyer's office and then bug them EVERY COUPLE OF DAYS until they FINALLY filed them with the court. I was pulling out my hair ! I still don't know if the reaffirm on my hubby's car got in in time.

        Now, the trustee wants our freakin Toy Story and Bambi VCR tapes and our rusty old garden shovel and broken hoe, and our $19 (2 years ago !) Sears brand cheapo drill, and our virus laden, printer challenged, 5 year old bargain basement computer, etc. , and I CRINGE at the thought of having to deal with this lawyer again and at the thought of what he might try to charge for us to assist him ! with this Trustee crap !!

        I sincerely hope you do better ! :o)

        Comment


          #19
          I would give him his tools....

          I would tell the trustee to come get his stuff you would have it waiting for him after i soaked it all in a vat of catpiss ,put a couple cat turds down inside the computer and so on and so forth,F**k 'em .Most trustees have a job to do and I have to believe for the most part they are fair at doing it,Just remember someone has to do it,and yes there are fair ones and not so fair ones ,but the ones who do this kind of sh*t should be treated like sh*t. just my .02 .worth,and I do agree also that the discharge means nothing to most people and I dont know why it seems to be celebrated on here because it isnt over till the fat lady sings or in your case trusttee asks for your catpiss soaked garden tools.
          I prayed for a new bicycle but god didnt respond,so I stole one and asked for his forgiveness

          Comment


            #20
            Originally posted by bubbly
            It was heartening to hear all of your thoughts, advice and commisseration !

            I think credit card companies that can raise your interest to over 30% for one late payment should be prosecuted in some way. If it weren't for them raising my interest and minimum payments out of my reach I'd probably still be paying them every month and trying to pay off that debt year after year after year. IMO they brought the whole situation on themselves and it would serve them right if all of the defaults and bankruptcies THEY initiated bit them in the ass and caused them to fold !

            / rant over ~ sorry to get off track ! LOL
            Yeah I agree totally

            Comment


              #21
              Originally posted by tlk9
              I would tell the trustee to come get his stuff you would have it waiting for him after i soaked it all in a vat of catpiss ,put a couple cat turds down inside the computer and so on and so forth,F**k 'em .Most trustees have a job to do and I have to believe for the most part they are fair at doing it,Just remember someone has to do it,and yes there are fair ones and not so fair ones ,but the ones who do this kind of sh*t should be treated like sh*t. just my .02 .worth,and I do agree also that the discharge means nothing to most people and I dont know why it seems to be celebrated on here because it isnt over till the fat lady sings or in your case trusttee asks for your catpiss soaked garden tools.

              Comment


                #22
                Originally posted by bubbly
                It was heartening to hear all of your thoughts, advice and commisseration !

                I wish there was someone here who has been through this. Does anyone know if the "search" function is broken? I tried to hit it to search by keywords for my topic but nothing happens.

                I read back through about 15 - 20 pages of posts trying to find one that's pertinent but had no luck.

                I tell ya, sometimes I start to get a COMPLEX, cuz eveything is just so durn hard and complicated in my life !! I'll say one thing, I intend to puchase EVERYTHING with strictly cash for the rest of my life. If I don't have cash I'll just have to wait and save my pennies.

                I think credit card companies that can raise your interest to over 30% for one late payment should be prosecuted in some way. If it weren't for them raising my interest and minimum payments out of my reach I'd probably still be paying them every month and trying to pay off that debt year after year after year. IMO they brought the whole situation on themselves and it would serve them right if all of the defaults and bankruptcies THEY initiated bit them in the ass and caused them to fold !

                / rant over ~ sorry to get off track ! LOL
                There was someone, who's posted since I've been here, that had the same thing happen. Trustee asked do you own a computer? Do you own this? Do you own that? Person thought Trustee was crazy as it had all been itemized in the petition. Then the person was told to bring it all to a particular collection place where the property would be sold and proceeds paid to creditors. But I can't find the post for you, Sorry.

                You are absolutely right about the CC industry. It's the only area of finance that is so loosely regulated. They can suck you in with a choice interest rate, and then change, with very little notice, to a much higher interest rate. I'm not talking because you missed a payment. Just because they want to, or they scratched their butts wrong that morning as they got outa bed.

                Mortgage lenders cannot do that. It's set rules from the get go. You pay back $X at Y% interest rate for Z years. ARM's have established limits for rate increases written in the contract before you sign. You are a fully informed borrower.

                Auto lenders cannot do that. Same as Mortgage lenders. Same thing for Leased vehicles. You know exactly what will happen before you sign the contract.

                CC's can change interest rates any time they want. They can change minimum payments structure any time they want.

                Where's the consumer protection legislation for the CC industry?? If we're gonna have BK reform to stop supposed abuses of the system, then why can't the legislators that we elect enact laws to protect us from the CC companies???
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment


                  #23
                  Cool idea

                  That's such a great idea! If things get hot with my case I may borrow the neighbor's cat for some small offerings.

                  so beyond broke

                  Originally posted by tlk9
                  I would tell the trustee to come get his stuff you would have it waiting for him after i soaked it all in a vat of catpiss ,put a couple cat turds down inside the computer and so on and so forth,F**k 'em .Most trustees have a job to do and I have to believe for the most part they are fair at doing it,Just remember someone has to do it,and yes there are fair ones and not so fair ones ,but the ones who do this kind of sh*t should be treated like sh*t. just my .02 .worth,and I do agree also that the discharge means nothing to most people and I dont know why it seems to be celebrated on here because it isnt over till the fat lady sings or in your case trusttee asks for your catpiss soaked garden tools.
                  Hooters MC: $1700
                  First Premier Platinum MC: $450
                  Orchard Bank MC: $300 Juniper Visa :$600
                  Target Card: $200 Capital One:$1500

                  Comment


                    #24
                    Ok folks,
                    LOOK AT IT THIS WAY...............

                    If the only thing between you and your final bankruptcy is a used computer, garden tools, etc............would you not gladly give them up to RID YOURSELF of all the debt that is being discharged............. I SURE WOULD..........

                    I would gladly say HERE, WANT ME TO BRING THEM TOO YOU!!!!!

                    Believe me, I won't complain over giving up $500 worth of stuff to have thousands in debt taken off my back........

                    Most Trustees are only doing their job - yet they can show their "authority and strong arm of the court" if you make them mad......

                    My trustee told me personally at the auction of my home that I could blame it ALL on my attorney and the mortgage company......... neither did their job!!!! If they had, I would not have lost my home...

                    I made the Trustee mad and he showed me the strong arm of the Court by taking and selling property that did not belong to me and was sitting on my property!!!! (think he made a bad judgement call on that- checking into that) He was told it wasn't mine and showed a bill of sale where someone else owned it and he sold it anyways....

                    His petition to the court called for him to sell two specific items - doublewide and land - nothing else....... When he seized a friends property sitting there and auctioned it - I DO BELIEVE HE MADE A BAD MISTAKE...................

                    Yes some of the Trustee are "greedy", but most are decent men/woman only doing what they are supposed to do or have to do....

                    My attorney created a lot of my problems and many of you your attorneys have done the same... by not doing their jobs. You have to keep and eye on them and kick them in the pants when they get slack.

                    My attorney told me one afternoon that I was going to have to start paying him more money and I told him, you haven't earned what I've already paid you and until you do, you don't get paid another dime!!!! His negligence help cost me my home!!!

                    So don't be too hard on the Trustee (I can't believe I actually said that - DUH), its his job to sell your assets no matter how big or small...

                    If you get screwed over in bankruptcy its usually your attorneys fault for not doing his job and working in YOUR BEST INTEREST.

                    At least my Trustee admitted who was to blame for me loosing my home because he admitted he didn't want to "take it" - because I shouldn't have lost it in bankruptcy... but I did thanks to my lawyer/mortgage company.

                    Am I defending Trustees, awwww maybe a little bit......

                    Sorry folks
                    Last edited by Minnymouth; 02-17-2006, 08:36 AM.
                    Minny

                    "It's amazing the paths that our feet sometimes follow in life".

                    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                    Comment


                      #25
                      scammer,

                      I have graduated from CHEERLEADER MINNY to DOCTOR MINNY...........

                      Talk about coming up in the world.......


                      Minny

                      "It's amazing the paths that our feet sometimes follow in life".

                      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                      Comment


                        #26
                        Well I think we've decided.......

                        to make the trustee an "offer" to keep our stuff. I want the stupid BK to be OVER. It would be too much of a pain to try and get a new comp (my son uses it for schoolwork) and our CD's took decades to aquire and some might be hard to find now if we tried to replace.

                        I realize that in the long view it's a small price to pay for the relief from debt that we got with the BK. It was just so unexpected. I thought all along, that once you got your discharge, you were DONE. And it was a rude awakening to find it could possibly be just the beginning of more anguish, worry and stress!

                        So, NOW, anybody got any ideas on what a trustee might think was a reasonable offer and/or what they do if they DON'T like your offer? Do they counter offer? Should we offer 50% of the "listed" value from our schedule? 25? 75?

                        Any thoughts?

                        THANKS ~~ Bubbly

                        Comment


                          #27
                          CD player: I've seen these for about $50 used........depends on what kind and what functions are available. If it's a multi-disc, then maybe it's worth a little more.

                          DVD player: Maybe $100 tops.

                          DVD's and CD's: $5 or $10 each. I've bought several at these prices......at a video store). Although, that could depend on popularity and if it was new release.

                          Computer (5 years old!): Pfft. You can get a brand new one (from DELL) for about $500/$600).

                          GARDEN TOOLS: ROFLMAO!!!!! This is just too stupid to even comprehend. Garden tools? What in the world.............?

                          Some miscellaneous power tools: Hmmm, this will take a little research on your part. There are so many different brands and quality of tools out there. Look on E-Bay and see if you can find one like yours or similar.
                          Last edited by BassBoy; 02-17-2006, 10:14 AM.
                          Bankruptcy History:
                          Chapter 7 filed - 10/12/2005 - Asset
                          Discharged - 02/16/2006
                          Case Closed - 11/08/2007

                          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                          Comment


                            #28
                            You offer NO MONEY TO THE TRUSTEE FOR DVD'S OR CD'S......... he cannot resell those.............."copyrights".... LOL........ he can only donate or give them away...........

                            Me, I wouldn't wast my time or effort trying to cut a deal with him............ let him come get them..... and more than likely he won't............... He has to go thru the problem of selling all of this stuff.... He wants cash, not merchandise...

                            CD player - can be bought cheap - $29.00.
                            DVD player - can buy one for $29.00

                            DVD's and CD's - by law he can't SELL THESE!!!

                            5 yr old computer - $50-$100 at the tops...

                            Just be patient.... it will end soon, and you'll be so much better off..............

                            Trustee is picking at bones.............and wants a steak!!!
                            Last edited by Minnymouth; 02-17-2006, 09:51 AM.
                            Minny

                            "It's amazing the paths that our feet sometimes follow in life".

                            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                            Comment


                              #29
                              When I saw Bass Boy say $100 for a DVD player, I thought I've seen those NEW for less than that at Wal-Mart, Target, K-Mart, etc.

                              Minny's right. Tell the Trustee he can have the stuff. He's looking for MONEY and not your things. And the Trustee knows your things won't bring $1K.

                              We have an old, 8 year old, computer. No new hard drive, no extra RAM or anything. Son's computer saavy friends have turned it into a screaming machine. They wiped the drive, reformatted, and loaded Windows XP on it. They tweaked some other software to enhance performance. Son now runs complex CADD programs and highly sophisticated games on that old comp. It's unreal what a little computer knowledge can do.

                              Find yourself a computer saavy, high school kid who can copy anything you absolutely need off that old computer. Then you'll have a back up file just in case the Trustee really does come for the stuff.

                              Think about it. With $1K, you can buy all new garden and power tools, and a brand new computer. No more duct tape. No more virus ridden, crash prone programs to deal with. You'll have plenty of money to recover your CD and DVD collection at resale stores, and garage sales and yard sales. But trust me,....... As one who's been thru the kiddie years,........ Those DVD's won't mean much to the kids once they become Teens. We've long since passed Bambi, Little Mermaid, Fantasia, and others off to younger kids of family and friends. Apply the 20 year rule. 20 years from now, will it be important?? If not, don't worry about it.

                              The only things I actually regret getting rid of were my original vinyl records and albums. I had an original copy of the Beatles' White Album on vinyl. That one is really worth something now. I had others as well. But that's another story.
                              Filed Ch 7 - 09/06
                              Discharged - 12/2006
                              Officially Declared No Asset - 03/2007
                              Closed - 04/2007

                              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                              Comment


                                #30
                                You know it is interesting they list on your filing papers if you have any Cds around,I mean come on they are Cds ,that is sooo ridiculous ,i could think of plenty of items more valuble than cds ,and thats not including that fur teddy I bought my wife,and all those ancient King tut artifacts i bought at sothebys hidden in the crawlspace...Oh Did I say that...
                                I prayed for a new bicycle but god didnt respond,so I stole one and asked for his forgiveness

                                Comment

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